Legal Counselling and Social Responsibility Basic Legal Ethics Problem Areas in Legal Ethics Criminal Procedure Civil Procedure and Evidence
Legal Counselling and Social Responsibility Basic Legal Ethics Problem Areas in Legal Ethics Criminal Procedure Civil Procedure and Evidence
Legal Counselling and Social Responsibility Basic Legal Ethics Problem Areas in Legal Ethics Criminal Procedure Civil Procedure and Evidence
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Reference: Edgardo M. Villareal II, Legal Profession, First Edition (2002)
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Reference: Edgardo M. Villareal II, Legal Profession, First Edition (2002)
Good moral character is a condition which precedes 3 3 ?& ! " 4 5 & F/6
admission to the Bar and is not dispensed with upon
admission thereto. It is a continuing qualification which all
lawyers must possess. # * ' " :' ) '( ( & (
Professor gives all Student assumes all
The members are in fact, enjoined to aid in guarding the Bar assignments and tasks assignments and tasks
against the admission of candidates unfit, unqualified or Professors prescribe a Professors merely guide
deficient in either moral character or education. 4 3 particular method of students in proper course
!" ;%!) analysis to be employed of analysis
Spoon1feeding discussion Socratic method –
The law as a profession precedes from the basic premise that – all topics and lessons question and answer
membership in the Bar is a privilege burdened with conditions being discussed by the (recitation) as a way of
and carries with it the responsibility to live up to its exacting professor discussion
standards and honored traditions. / $ Students rely on the inputs Students are trained to be
" ;$%) of the professor self1dependent
? 35 A" 5 " !
! 5 & ! 1. Improve language skills and use dictionary
(according to Justice Vicente Mendoza) 2. Learn to love reading
3. Improve study habits
4. Start building up a library
It means getting immersed in the case of one’s client and 5. Improve penmanship
then withdrawing from the emotional experience as a 6. Observe common sense
necessity for maintaining one’s independence.
It means not only maintenance of legal clinics for indigent " B 3 3 4 5 & /..6
persons, but just as deserving are those are financially
capable to pay in full for the services of a lawyer. Basis: Rule 1381A of the Rules of Court
Appearance may be in any civil, criminal or administrative case.
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A lawyer must serve his client with competence and A" #
diligence. (Canon 18) 1. Must have successfully completed 3rd year of 41year
A lawyer shall keep abreast of the legal curriculum, or completed 4th year of a 51year curriculum;
developments, participate in the continuing legal
education program and support efforts to achieve 2. Must be enrolled in the clinical legal education program
high standards in law schools as well as in the approved by the SC in a recognized school;
practical training of law students and assist in the
dissemination of information regarding the law and 3. Must appear # (without compensation);
jurisprudence. (Canon 5)
4. Must serve indigent clients accepted by the legal clinic of
the law school;
?5 " ! 4 5 & ..6 5. Must always be under “direct supervision and control” of
a supervising attorney accredited by the law school
3 @ A" A" 5 " ! # concerned
" # 8
A student should dream to become a lawyer. There is no 4 3 3 5= 3 "& 3 >3 " 6
place for half1heartedness in the law school.
1. To ensure that there will be no miscarriage of justice as a
" result of incompetence or inexperience of law students,
A law student must be determined to hurdle the bar even who, not having as yet passed the test of professional
if it will take great degree of sacrifice for his part. Time competence, are presumably not fully equipped to act as
management will help. counsels on their own;
" 2. To provide mechanism by which accredited law school
Studying law requires a great degree of patience, reading clinic may be able to protect itself from any potential
and analyzing each provision of law, and in long years of vicarious liability arising from some culpable action by
study. their law students; and
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Reference: Edgardo M. Villareal II, Legal Profession, First Edition (2002)
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Reference: Edgardo M. Villareal II, Legal Profession, First Edition (2002)
3. Civil Law Held: YES. Portions stricken out were due to the
Civil Code of the Philippines following reasons:
The Family Code of the Philippines The law itself admits that flunkers have
Property Registration Decree inadequate preparation;
Conflict of Laws (Private International law) The law is, in effect, a judgment revoking
the resolution of the court;
4. Taxation The law is an encroachment on the Court’s
primary prerogative to determine who may be
General Principles of taxation
admitted to practice law;
National Internal Revenue Code
The pretended classification is arbitrary and
Tariff and Customs Code
amounts to class legislation.
Republic Act No. 1125 Creating the Court of Tax
Appeals
Provisions of Local Government Code on
Taxation 3 3 ! 4 5 & ./6
5. Mercantile Law &,
Code of Commerce
Bulk Sales Law Rendition of services requiring the knowledge and the
Warehouse Receipts Law application of legal principles and technique to serve the
P.D. No. 115 on Trust Receipts interest of another with his consent. & 5= / ,
+
Negotiable Instruments Law 0 )
Insurance Code
Transportation laws . 0+ * ?
Corporation Law
Chattel Mortgage Law Carrying on the calling of an attorney, usually for
Real Estate Mortgage Law compensation, acting in a representative capacity and
Law on Intellectual property rendering service to another. # < ;
Insolvency Law " 8!)
Truth in Lending act
In the dissenting opinion of Justice Padilla in the case of
Cayetano vs. Monsod (G.R. No. 100113, September 3,
6. Criminal law
1991), the following criteria were enumerated:
The Revised Penal Code
Indeterminate Sentence Law
2 $
Probation Law
Anti1Graft and Corrupt Practices Act Practice is more than isolated appearance,
Anti1Fencing Law for it consists in frequent or customary
Bouncing Checks Law action, a succession of acts of the same
Dangerous Drugs Act kind, a habitual exercise.
Heinous Crimes (R.A. No. 7659)
%
7. Remedial Law
The Rules of Court Practice of law implies that one must have
The 1991 Rules on Summary Procedure presented himself in the active practice
Local Government Code on Conciliation and that his professional services are
Procedures available to the public for compensation,
The Judiciary Reorganization Act, as amended as a source of his livelihood or in
consideration of his services.
8. Legal Ethics and Practical Exercises
Legal ethics &
Judicial Ethics
Code of Professional Responsibility Application of legal principle, practice, or
Grievance Procedure (Rule 1391B, ROC) procedure which calls for legal knowledge,
Legal Forms training and experience is within the term
“practice of law”.
3 3 (
3 3 4 5 & /6
When a lawyer undertakes an activity
The Supreme Court has the power, among others, to which requires the knowledge of law but
promulgate the rules concerning the protection and involves no attorney1client relationship,
enforcement of constitutional rights, pleading, practice, such as teaching law or writing law books
and procedure in all courts, the admission to the practice or articles, he cannot be said to be
of law, the Integrated Bar, and legal assistance to the engaged in practice of his profession as a
underprivileged. " <444 ) lawyer
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Reference: Edgardo M. Villareal II, Legal Profession, First Edition (2002)
“A person may have passed the bar examinations but if CANON 3 1 A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE
he has not dedicated his life to the law, if he has not ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR
STATEMENT OF FACTS.
engaged in an activity where membership in the bar is a
requirement, I fail to see how he can claim to have been CANON 4 1 A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE
engaged in the practice of law.” LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM
AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
If works involve clerical labor of filling in the blanks CANON 8 1 A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS
or a mere mechanical act of copying from a file copy AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL.
or finished document which involved no legal thing.
CANON 9 1 A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE
! " "5 K & 3 3 ! # UNAUTHORIZED PRACTICE OF LAW.
3 . — It is the duty of an CANON 13 1 A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
attorney: REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES
THE APPEARANCE OF INFLUENCING THE COURT
(a) To maintain allegiance to the Republic of the : ?* ./ ?:* $D* + ?:* .*+?
Philippines and to support the Constitution and obey
CANON 14 1 A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.
the laws of the Philippines.
CANON 15 1 A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN
(b) To observe and maintain the respect due to the courts ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
of justice and judicial officers; CANON 16 1 A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES
OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.
(c) To counsel or maintain such actions or proceedings
CANON 17 1 A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE
only as appear to him to be just, and such defenses SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
only as he believes to be honestly debatable under the
law. CANON 18 1 A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
(d) To employ, for the purpose of maintaining the causes CANON 19 1 A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE
confided to him, such means only as are consistent with BOUNDS OF THE LAW.
truth and honor, and never seek to mislead the judge or CANON 20 1 A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
any judicial officer by an artifice or false statement of
fact or law; CANON 21 1 A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF
HIS CLIENT EVEN AFTER THE ATTORNEY1CLIENT RELATION IS TERMINATED
(e) To maintain inviolate the confidence, and at every peril CANON 22 1 A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD
to himself, to preserve the secrets of his client, and to CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRTUMSTANCES.
accept no compensation in connection with his client's
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Reference: Edgardo M. Villareal II, Legal Profession, First Edition (2002)
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1. He has both the right and privilege to practice law
during good behavior before any judicial, quasi1 “Because the practice of law is a privilege clothed with
judicial or administrative tribunal; public interest, it s fair and just that the exercise of that
privilege be regulated to assure compliance with the
2. He enjoys presumption of regularity in the discharge lawyer’s public responsibilities.” 4 4 +
of his functions; & )
8. * ) the Bar to discharge its public responsibility The Supreme Court acquires administrative supervision
effectively over the IBP including its officers.
7 # " 7 3 !
. 5 3 3
The Constitution vests upon the Supreme Court the All practicing lawyers are required to render a minimum of sixty
power to integrate the Philippine bar. Article VIII Section (60) hours of free legal aid services to indigent litigants in a year.
5(5) gives the Supreme Court the power to “promulgate Clerks of Court and the IBP Legal Aid Chairperson of the IBP
concerning Qpleadings, practice and procedure in all Chapter are designated to coordinate with a lawyer for cases
courts, the admission to the practice of law, the where he may render free legal aid service.
) Q”
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Reference: Edgardo M. Villareal II, Legal Profession, First Edition (2002)
?5 ! G3 " 5 =& 3 3
># , 4 5 & F..6
1. Government employees and incumbent elective officials not
N" D " +
allowed by law to practice;
? 3 ! " 4 7 6
2. Lawyers who by law are not allowed to appear in court;
a) Time management
3. Supervising lawyers of students enrolled in law student
practice in duly accredited legal clinics of law schools and
b) Always be calm and patient
lawyers of non1governmental organizations (NGOs) and
peoples organizations (POs) like the Free Legal Assistance
c) Try to consult others opinions
Group who by the nature of their work already render free
legal aid to indigent and pauper litigants, and
d) Stay healthy
4. Lawyers not covered under subparagraphs (1) to (3)
e) Always smile/laugh
including those who are employed in the private sector but
do not appear for and in behalf of parties in courts of law
f) Improve one’s communion with God
and quasi1judicial agencies.
g) Knowing your limitation
5 3 ! + 4 5 & F.6 ! ! 3
) "
%( ! # !
6 & 1) independence 1)lack of ;
& 3 3 of action experience
a) Proposals to the other side or party
2)rushed to 2)lack of facilities
experience b) Counter1proposals
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Reference: Edgardo M. Villareal II, Legal Profession, First Edition (2002)